PENDELA NARASIMHAM Vs. PENDELA VENKATA NARASIMHAM
HIGH COURT OF ANDHRA PRADESH
PENDELA VENKATA NARASIMHAM
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Sriramulu, J. -
(1.) This appeal is from the judgment of our learned brother, Sambasiva Rao. JJ., given in A.S.No. 267 of 1965, whereby the learned Judge allowed the appeal filed by the 4th defendant against the trial Court's decree in O.S.No. 52 of 1962, and exonerated him from the liability under the mortgage and substituted plaint B Schedule property as security for A Schedule property.
(2.) The material facts leading to this Letters Patent Appeal may briefly be stated; Defendant No. 1 is the father of defendants 2 and 3 and 'Karta' of the joint family comprising of himself, his sons, and a coparcener, defendant No. 4. For the marriage of his minor son, defendant No. 2, the 1st defendant borrowed and received Rs. 13,000.00 from the plaintiffs and as security, mortgaged plaint A schedule properties. At a family partition, a part of the A schedule properties, which was the subject-matter of mortgage, fell to the share of defendant No. 4, and B schedule property to defendant No. 1. The plaintiffs filed O.S.No. 52 of 1962 in the Court of the Subordinate Judge, Narasaraopet for the recovery of the money due under the mortgage and for substitution of B schedule property for A schedule property.
(3.) Defendant No. 1, inter alia, contended that, in O.S.NO. 72 of 1953 the 4th defendant was held liable for defendant No. 1's debts and therefore all the defendants are liable for the debt. Defendant No. 4, on the other hand, contended that the debt was neither for legal necessity nor for family benefit, and was not binding on him. Both of them objected to the substitution of B schedule property as security for A schedule property.;
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